Overstayed in US

[Friend2ya]

Hi all,

I am new to this forum, hope someone had any experience regarding my situation and may be I could find a solution to my problems...thanks to all for stopping by!!

I came to the US in 1990 as tourist then changed to Student Visa, graduated 4 years high school and became out of status since. I applied for asylum (Bad Advise by some Notary/Lawyer) which was denied. The judge granted me voluntary departure for 1 year and I did not leave the country. As time goes, I met my wife (US Citizen) for almost 12 years going to have a baby in March. As for now we cant do anything in the US because of my status. She decided to check for FSW which she qualified base on her score and immigrate to Canada for our family to have a better life without fear. My question is, when she applies for FSW what are the chances? Also we were told to include family members in the application as sponsor to process all the forms at the same time. What really left me thinking is, Could it be possible to get approved and not going back to my country of origin while we can file here in the US?

Thanks once again,

[ssanndy]

hi

I asked the same question... and they say that it is the principal's (ur wife) applicant status that matters not the dependent. So i assume it can be done with you being in the US. 

I really would like someone who has done this to share their experiences because i would like to know for sure.

[hellovn]

I think you need to get a Police clearance from US, this would cause you trouble. Just my opinion.

[ssanndy]

I think you need to get a Police clearance from US, this would cause you trouble. Just my opinion.

Heard too that , that won't be a prolem as long as you don't have criminal records. Overstaying is not a criminal offense but i am not sure of defying a judge order to leave the country in his case.

[Friend2ya]

I think I should be able to get police certificate if it not a problem for my friends since they are police, one works in Internal Affairs and other a Lieutenant...but if someone here can share your experience or know anything just stop by, I really appreciate you helping others like myself..

thanks again

[Friend2ya]

hi

I asked the same question... and they say that it is the principal's (ur wife) applicant status that matters not the dependent. So i assume it can be done with you being in the US. 

I really would like someone who has done this to share their experiences because i would like to know for sure.

But my case can hurt her approval isnt it, even though she is the applicant?

[windtunnel]

Actually Friend2ya, u made matters a bit difficult for yourself by defying the judge's orders.

According to the US penal code, refusing to leave when the judge ordered, is a criminal offense.

http://www.law.cornell.edu/uscode/uscode08/usc_sec_08_00001253----000-.html

Theoretically, a criminal record can render a person inadmissible for resident visa in canada. However, it may all depend on your PCC/FBI records and the security checks performed by CIC.

[lenkact]

Mr.Windtunel, If youre an Attorney or Criminal Law expert answer these type of questions otherwise pls be abstain from your output becuase It will mislead lot of  innocent applicants. I will ask the all the members to seek Attorney assistant. Please do not consult from members here cause they are not Immigration or Criminal Experts. they just speak up from their past experience be very careful.

[Friend2ya]

Mr.Windtunel, If youre an Attorney or Criminal Law expert answer these type of questions otherwise pls be abstain from your output becuase It will mislead lot of  innocent applicants. I will ask the all the members to seek Attorney assistant. Please do not consult from members here cause they are not Immigration or Criminal Experts. they just speak up from their past experience be very careful.

thanks for the look out, I really appreciate your comments ...lenkact